Terms & Conditions
Last Edit date: August 29, 2024
Pickr is a mobile application featuring esports-related games and news.
These Terms and Conditions (the "T&Cs" or the "Terms") constitute a legally binding agreement between us, Jonathan Dury hereinafter referred to as, "the Company" or "we", publisher of the Pickr Application hereinafter referred to as "the Application" or "Pickr" and you, as the user, hereinafter referred to as "you" or "user" or "player", collectively referred to as the Parties to this agreement, and govern your use of the Pickr Application available at the Pickr website - https://pickr.gg (the "Website") and on the Apple Store - PickR: Esports Prediction.
Please read these Terms carefully. If you do not agree to these Terms, you shall not access or use our services.
1. General
1.1 — By creating an account on the Pickr Application, you, whether expressly or implied, agree to all the Terms as presented by us as well as our Privacy Notice available at https://pickr.gg/privacy-notice.
1.2 — We reserve the right to modify or update these T&Cs at any time and at our sole discretion without prior notice. We will inform you about such changes by publishing the amended version of T&Cs on the Website with updated "Last Revised" date. All the amendments or updates will be effective immediately upon being announced and published on the Website. If you do not agree to any changes performed to the T&Cs, you must stop using Pickr, since your continued use will be deemed as acceptance to the amendments. If after registering to our website, you do not agree to be bound by the Terms as stipulated, you are advised to refrain from using our website and inform customer support immediately by opening a ticket on our Discord server, or via email (hello@pickr.gg).
1.3 — There is only one version of these Terms. These T&Cs may be published in a number of languages, reflecting the same principles, for information purposes and to help its users. It is however only the English version that is the legal basis of the relations between you and the Company. In the case of any discrepancy between the T&Cs provided in English and the non-English version, the English version always prevails.
2. Your Account
2.1 — In order to use the Pickr Application, you will need to create a permanent account (1) with an email, which will be verified by a confirmation email or (2) by means of using a social media login, such as Google and Apple. Alternatively, you may temporarily use Pickr as a guest ("Guest Account"). It is your sole and exclusive responsibility to ensure that your login details are kept secure.
2.2 — If you choose to use a Guest Account and subsequently lose access to it, the Company will not be able to assist in recovering it. It is your responsibility to secure your progression within the Application by creating a permanent account, either through email verification or via a social media login, such as Google or Apple.
2.3 — You are allowed to have only one account with the Company. If you attempt to open more than one account, all accounts you try to open may be blocked or closed.
2.4 — You agree to provide true, current and complete information about yourself. In case we have any reasonable doubt that any information provided by you is inaccurate, untruthful or outdated, we have a right to send you a notice to demand amendments, add relevant information directly and, as the case may be, suspend or terminate your account and refuse any and all current or future use of Pickr.
2.5 — You also acknowledge and agree that you have the obligation to keep all information provided up to date and if there are any changes, you will immediately notify us via hello@pickr.gg.
2.6 — The Company reserves the right to refuse or close your account at its sole discretion and without prejudice.
2.7 — If you wish to close your account, you may do so at any time, in line with these Terms governing Pickr.
2.8 — With registration of an account, you agree to share personal information requested for the purposes of identity verification. This information is used specifically for the detection of money laundering, terrorist financing, fraud and other financial crimes on Pickr. We will collect, use and share this information in accordance with our Privacy Policy.
2.9 — In addition to providing this information, to facilitate compliance with global industry standards for data retention, you agree to permit us to keep a record of such information for the lifetime of your account plus 5 years beyond account closing.
2.10 — In case of an incorrect distribution of any type of rewards, the Company has the right to reverse the transaction. This may result in your account balance becoming negative. If this happens, all assets in your account may be frozen and unable to be used for transactions until your balance becomes positive again.
3. Obligations
3.1 — You are 18 years of age or comply with a higher minimum legal age, stipulated in the jurisdiction of your residence under the laws applicable to you. The Company maintains its right to require certain documentation required to prove the age and identity of the user whenever it deems necessary.
3.2 — If you have reason to believe that a person breaking the 3.1 clause is accessing our services, please contact us immediately. Our customer support team can be contacted via hello@pickr.gg or by means of opening a ticket on our Discord server.
3.3 — You are solely responsible for your account credentials including your username and password or any other linked email address used as a means to access your account. You are responsible for the security of any device on which you register your account and from which your account may be accessed. You shall immediately notify us if you suspect or become aware of unauthorised use of your account credentials. The Company shall not be responsible for any unauthorised use of your account.
3.4 — You may only participate on the Website on your own behalf and not on the behalf of any other person or company.
3.5 — You may not use funds that are tainted or associated with any illegality or use any funds which originate from illegal activity or source.
4. Free Access
4.1 — Downloading and playing the Pickr Application is free.
4.2 — Once a user registers on Pickr, he or she receives free access to certain gaming features and a free set of digital items to enhance their gaming experience.
4.3 — Other features may be made temporarily or permanently available to the user for free, as seasonal events.
5. Paid Services
5.1 — There are no fees for the use of many aspects of the Application. However, some services, features, and products may be available for purchase ("Paid Services"). Paid Services include certain subscription memberships ("Subscriptions") and digital items or currencies (collectively, "Digital Goods") made available through the Application under this Agreement.
5.2 — The Company may change the fees or benefits associated with Paid Services from time to time with reasonable advance notice of material changes. However, no advance notice will be required for temporary promotions, including temporary reductions in the fees associated with the Paid Services.
5.3 — The Company may offer discounts on Paid Services and the specific terms of each discount will be stated at the time the discount is offered. For example, if you are taking part in any trial period offer that enables you to use a subscription without charge, and that trial period converts into a paid subscription upon expiration of the trial period, then you must cancel the subscription prior to the end of the trial period in order to avoid incurring charges for the paid subscription.
5.4 — You have immediate access to, and use of, Paid Services you buy through the Services. As a result, all purchases are final, non-refundable, and non-returnable to the furthest extent permitted by law. We do not have an obligation to refund or credit for partially used billing periods.
5.5 — If you reside in the EEA, United Kingdom, or Switzerland, you have the right to withdraw from this Agreement within 14 calendar days without giving reasons. The withdrawal period is 14 calendar days from the date of conclusion of this Agreement. To exercise your right of withdrawal, you must contact Customer Support. Please note, however, that your right of withdrawal is lost when you purchase Paid Services that include: (a) a license to use Digital Goods; or (b) a subscription. These Paid Services are provided to you once the Digital Good is credited to your account or upon commencement of the subscription, and you request and consent to these Paid Services being provided to you in this manner immediately upon purchasing them.
5.6 — The Company will charge applicable taxes and fees when required to do so, but it is your responsibility to pay for all applicable taxes and fees associated with your use of the Services and your access to and purchase and use of Paid Services, including transaction taxes, data plan fees, internet fees, and other similar costs.
6. Payment Information
6.1 — You may submit your debit card, credit card, or other payment information (your "Payment Information") via our Application to purchase Paid Services. The Company accepts certain payment methods that may vary by country or Paid Services. We use third-party payment processors (for example, Apple, Google, etc.) to process your Payment Information (our "Payment Partners").
6.2 — If you submit your Payment Information, you agree that:
6.2.1 — Your Payment Information is true and correct;
6.2.2 — You are authorised to use your Payment Information;
6.2.3 — You will pay for the Paid Services (including any applicable taxes, fees, and costs) by the payment due date;
6.2.4 — You give us and our Payment Partners permission to charge you for the Paid Services, using your Payment Information, when payment is due for the full amount of the purchase (including any applicable taxes, fees, and costs);
6.2.5 — We may retain and share your Payment Information with our Payment Partners in order to process your purchase of Paid Services; and
6.2.6 — We may retain and use your Payment Information (including any information about you and your Payment Information provided to us by our Payment Partners) to provide you with notices and disclosures relating to renewals, recurring charges, and changes affecting your purchase.
6.3 — If you purchase any Paid Services via our Payment Partners, then that purchase may be further subject to the legal terms and privacy policies of the applicable Payment Partners. For purchases via our Payment Partners, your billing relationship will be directly with the applicable Payment Partner. Any fees charged for Paid Services will be billed by the applicable Payment Partner using the payment method you have provided that Payment Partner.
7. Limitation of Liability
7.1 — It is the user's obligation to ensure compliance with any local laws, regulations or directives, relevant to the user's residence and citizenship, if and when applicable. Any participation in Pickr is at the user's sole discretion and risk.
7.2 — For the avoidance of any doubt, residents and citizens of Afghanistan, Algeria, Bangladesh, Bolivia, China, Cuba, Egypt, Iran, Morocco, North Korea, Russia, Syria, Nepal, and the Crimea, Donetsk, and Luhansk Regions, are not permitted to use Pickr and its services.
7.3 — The Company grants the user a non-exclusive, non-transferable and limited personal use to access the Application. Application use is conditioned on continued user compliance with these T&Cs.
7.4 — The services offered on the Application are available to users only within the scope of the current state of technology used. The Company provides no guarantee for the uninterrupted availability, or the serviceability of the services offered. The Company accepts no liability for the interrupted availability and serviceability of the services.
7.5 — The Company undertakes to supply steady services on the Application. However, the Company assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, the Website or Application.
7.6 — The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, hardware, software, failure due to technical problems or traffic congestion on the Internet or on the Application.
7.7 — To the maximum extent permitted by applicable law, under no circumstances shall the Company be responsible for any loss or damage resulting from use of the Application, from any content posted on or through the Application, or from the conduct of any users of the Application.
7.8 — In no circumstance shall the Company or any of its directors or employees be liable to the user for any damages whatsoever, including without limitation indirect, incidental or any type of consequential damages, which may arise from out of, or in connection with the users' use of the Application, including but not limited to the quality, accuracy or utility of the information provided.
7.9 — The Company is not liable for damages of any kind that are caused by the undue use of the account by the user or third parties.
7.10 — In case of infringement of these T&Cs by the user, the user shall indemnify and keep indemnified the Company from any claims by third parties and bear any losses, costs or damages resulting thereof. Should the user become aware of any legal action that may affect the Company, the user shall immediately inform the Company and provide the Company with all the information available.
7.11 — The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction, and in no event shall the Company's cumulative liability to the user exceed the amount of money the user paid to the Company in the 12 months period preceding the date the claim arose, if any.
7.12 — The Company shall not be responsible for all liability in connection with any force majeure event including acts of God, labour disputes, electrical, telecommunications, hardware, software or other utility failures, earthquakes, storms or other nature-related events, blockages, riots, acts of orders of government, acts of terrorism or war, technological change.
8. Intellectual Property
8.1 — All content, trademarks, services marks, trade names, logos and icons are the property of the Company or to be used with permission. You may not copy, imitate, or use any of this intellectual property without our prior written consent. Nothing in these Terms grants you any intellectual property rights in the Application, other than the right to use Pickr, in accordance with these Terms.
9. Indemnification
9.1 — The user agrees to fully indemnify the Company and its officers, directors, and employees, and to hold them harmless from and against any and all claims, liabilities, damages, losses, and expenses, including without limitation reasonable lawyer's fees and costs, arising out of or in any way connected with:
9.1.1 — User's access to or use of the Application or Website;
9.1.2 — User's violation of any of the terms of this Agreement; and/or
9.1.3 — User's breach of any applicable laws or regulations.
10. Term and Termination
10.1 — These Terms shall be for an indefinite period until the user decides to terminate his or her relationship with us. Should the user wish to terminate and close his or her account such user may do so by sending an email to the Customer Support via hello@pickr.gg.
10.2 — The Company may terminate, change, suspend or discontinue your access to Pickr at any time by sending you a notice, which may take effect either immediately or on such later date as may be specified in the notice.
10.3 — The Company may also restrict, suspend or terminate your use of Pickr without any notice if we, at our sole discretion, believe you are in breach of these Terms or applicable law, have reasons to believe that you are involved in any fraudulent and illegal activity.
10.4 — We may also suspend your use of Pickr at any time for security reasons or if we reasonably suspect that your account has been or is being used without your authorization or fraudulently.
10.5 — We will try to give you advance notice of any suspension. Where advance notice is not possible, we will provide you with notice as soon as reasonably practicable thereafter.
10.6 — We may terminate this Agreement at any time and for any reason by giving you not less than 7 days written notice.
11. Complaints and Customer Support
11.1 — The Company is committed to providing quality support for its users. If you need any help or want to make a comment or complaint, please contact our Customer Support through a Discord ticket or by email at hello@pickr.gg. The Customer Support manager assigned to the escalated case will commit to his or her best efforts to promptly resolve a reported matter internally. We aim to resolve all enquiries as soon as possible.
12. Governing Law and Dispute Resolution
12.1 — This Agreement shall be governed by and interpreted in accordance with the laws of Hungary, excluding that body of law pertaining to conflict of laws. Any legal action or proceeding arising under this Agreement will be brought exclusively in courts located in Hungary.
13. Data Protection and Privacy
13.1 — We are committed to protecting your personal data and complying with applicable data protection laws, including the General Data Protection Regulation (GDPR). Our Privacy Policy, available at https://pickr.gg/privacy-policy, details how we collect, use, share, and protect your personal information.
13.2 — By using Pickr, you consent to the collection, processing, and storage of your personal data as described in our Privacy Policy. You have the right to withdraw your consent at any time by contacting us at hello@pickr.gg.
13.3 — You have certain rights under the GDPR, including:
- The right to access your personal data
- The right to rectify inaccurate personal data
- The right to erasure of your personal data
- The right to restrict processing of your personal data
- The right to data portability
- The right to object to processing of your personal data
- Rights related to automated decision-making and profiling
13.4 — To exercise any of these rights, please contact us at hello@pickr.gg. We will respond to your request within one month of receiving it.
13.5 — We will retain your personal data only for as long as necessary to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- Referral Program 14.1 — You may participate in the Free-to-Play Referral program, where you can earn rewards for sign-ups by other Users you have referred to Pickr (the "F2P Referral Program"). Rewards are usable solely in the Free Access game mode.
14.2 — You may participate in the Referral program, where you can earn rewards for purchases by other Users you have referred to Pickr (the "Referral Program"), governed by the Referral Program Terms, available in appendix 1 of the Terms and Conditions.
- Affiliate Program 15.1 — You may participate in the affiliate program, where you can earn rewards for purchases by other Users you have referred to Pickr (the "Affiliate Program"). Participation in the Affiliate Program is governed by the Affiliate Program Terms, available in appendix 2 of the Terms and Conditions.
- Miscellaneous 16.1 — No third-party rights are created in these Terms. Only you, as the registered user of Pickr, will have any rights to enforce in these Terms. You cannot assign or transfer any of your rights to someone else under these Terms.
16.2 — If any provision within these Terms is held to be illegal or unenforceable, such provision shall be severed from these Terms and Conditions and all other provisions shall remain in force unaffected by such severance.
16.3 — These Terms, together with our Privacy Policy and any other legal notices published by us on the Website, shall constitute the entire agreement between you and the Company concerning Pickr.
16.4 — Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
16.5 — We may assign our rights and obligations under these Terms to any third party at any time without notice to you, but this will not affect your rights or our obligations under these Terms.
16.6 — You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
By using Pickr, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions.